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HomeMy WebLinkAbout2012-05-22 City of Livonia, Zoning Board of Appeals Page 1 of 35 May 22, 2012 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, May 22, 2012. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Toni Audia Aloe Edward E. Duggan, Jr. Elizabeth H. McCue Robert E. Sills MEMBERS ABSENT: Craig Pastor, Vice Chairman OTHERS PRESENT: Michael Fisher, Assistant City Attorney Scott Kearfott, City Inspector Helen Mininni, Court Reporter The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Six (6) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and no one wished to do so. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There were 22 persons present in the audience. (7:05 #1/215) APPEAL CASE NO. 2012-03-06 (Tabled on March 6, 2012): Kathryn Trestain, 19246 Brentwood, Livonia, MI 48152, seeking to reverse an administrative ruling that maintaining goats is a prohibited use within a rural urban farm zoning district, or ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD MAY 22, 2012 City of Livonia, Zoning Board of Appeals Page 2 of 35 May 22, 2012 in the event that the board affirms that administrative ruling, seeking a use variance to maintain goats in a rural urban farm zoned district. The property is located on the east side of Brentwood (19246) between Seven Mile Road and Pembroke. Henzi: Is there a motion to remove from the table? Aloe: Motion to remove. Caramagno: Support. Henzi: All in favor say, aye. Board (In unison): Aye. Henzi: Opposed? This is removed from the table. Mr. Kearfott, anything to add? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, Ms. Trestain, come on up. Have a seat at the table. Introduce yourself and tell us your address one more time. Petitioner: Hi, my name is Kathryn Trestain and I live at 19246 Brentwood in Livonia. The zip code is 48152-2202. Henzi: Okay, go ahead. Petitioner: Okay. I’m just going to read a statement then, Mr. Henzi. Henzi: Okay. Petitioner: I would like to thank the members of the Board.for taking the time to hear me on this matter. As you are probably aware, I spoke to the City Attorney today and most of you have been informed that I am withdrawing my petition for a variance and to request a few more weeks to complete my compliance with your directives. To this date, this is what has been addressed since the last meeting. All the birds are gone, all but four of the goats are gone, and in a few weeks the remainder will be gone as well. The goats have been tested for any and all diseases which goats are known to carry and they all tested negative and that was per the last meeting. The blue tarp that covered the back shed roof has been removed in preparation for a new roof. The pile of wood in the backyard is gone. The plywood covering the backyard entry has been removed. I agreed to erect a privacy fence around the perimeter of the property if the variance had been approved, as well as a number of other various measures to appease owners of adjoining properties and what has happened over the past 60 days – I think that we tried to demonstrate the lengths that we would go to cooperate with neighbors, but thus far we just cannot seem to reach an amicable resolution. Some of the neighbors have been, you know, very positive but, there’s just a few that we just City of Livonia, Zoning Board of Appeals Page 3 of 35 May 22, 2012 can’t reach resolution with. Lastly, I just want to reiterate that it’s never been my intention to divide the community. I know the last Board meeting was very stressful in part because of my condition and I am very sorry. I hope no feelings are harbored as a result. I thank the Board for giving me an additional 60 days to work out a resolution with my neighbors, but in light of the fact that resolution seems impossible at this point, I am withdrawing my petition for the variance. If the Board would see fit to give me until the end of June to have the last four goats removed, I would be grateful. Henzi: Okay. Is there response to that from the Board members? Aloe: Mr. Chair. Henzi: Ms. Aloe. Aloe: I didn’t hear the last thing you said, give you until the end of June to do what? Petitioner: To get rid of the last four goats. We re-homed four of the goats and there are still four on the property. Aloe: So at that point, there won’t be any goats there and there are no chickens now or roosters? Petitioner: Correct. The roosters were processed and then – the roosters were processed right after the first meeting and then about a month ago all the hens were removed from the property and re-homed. About three weeks ago, four of the goats were re-homed. Aloe: So, it’s just for the four goats then? Petitioner: Uh-huh. Aloe: All right. Thank you. Petitioner: Thank you. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: Somewhere in this pile of paper I came across something where the Petitioner was behind in her taxes by about three years. It said there weren’t any taxes paid since 2009; 9, 10 and 11 were not paid. What do we do about that? Henzi: That’s a question for Mr. Fisher. Fisher: Well, is that correct? Petitioner: The taxes were paid to the County, not to the City. City of Livonia, Zoning Board of Appeals Page 4 of 35 May 22, 2012 Fisher: Oh, so that would have been the 2009, 2010 taxes; what about 2011? Petitioner: This year’s taxes will be paid this summer. Fisher: Okay. Sills: Were the City taxes paid? Petitioner: Yeah, I didn’t pay them to the City of Livonia. My attorney took them down to Wayne County Court and it was all processed down there. Fisher: Okay. Apparently, the City taxes aren’t collected by the City after they go a year being unpaid, they’re collected by the County so that’s why she paid the County. Sills: Okay. Henzi: You couldn’t pay it to the City even if you wanted; correct? Fisher: Right. Petitioner: Correct. Henzi: Any other questions or comments? Is there a consensus then to give to the end of June if the petition is withdrawn? Does somebody want to make a motion then? Aloe: Is it an approving? Henzi: I don’t think so. Fisher: Since it’s withdrawn all you have to do – if you want to do any kind of motion, you could just ask Scott to take care of it, but if you want to actually do a motion just say that she will be permitted to keep her - she will be permitted time until the end of June to get rid of the last four goats. McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: Not that I don’t believe, but how are we going to verify that? Henzi: We would rely on Scott. Kearfott: Actually the Ordinance Officer that has been handling the case is present, Jerry Raycraft. McCue: Okay. City of Livonia, Zoning Board of Appeals Page 5 of 35 May 22, 2012 Kearfott: Jerry says he will follow up with it. Henzi: Sounds good. I trust Jerry to follow up in 30 days. Petitioner: I mean, I am really grateful for your input and, you know, we have tried address a lot of the concerns. Henzi: I think we have made a record that protects your right to keep them for 30 days and if we don’t have a resolution and you’re on the 31st day, you just work it out with Jerry. I’m sure you’ll take care of it. Petitioner: Thank you. Henzi: Okay. Good luck. Thank you. Petitioner: Thank you. RESOLVED, APPEAL CASE NO. 2012-03-06: Kathryn Trestain, 19246 Brentwood, Livonia, MI 48152, seeking to reverse an administrative ruling that maintaining goats is a prohibited use within a rural urban farm zoning district, or in the event that the Board affirms that administrative ruling, seeking a use variance to maintain goats in a rural urban farm zoned district. The property is located on the east side of Brentwood (19246) between Seven Mile Road and Pembroke has been withdrawn by the Petitioner. The Petitioner will be permitted until the end of June to complete the removal of the Petitioner’s last four goats. All were in favor. City of Livonia, Zoning Board of Appeals Page 6 of 35 May 22, 2012 (7:10 #1/416) APPEAL CASE NO. 2012-05-17: Scott Rowe, 27564 W. Chicago, Livonia, MI 48152, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in the fence being excess in height and the fence not aligning with fencing upon the adjacent property. Privacy Fence Height on a Corner Lot Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of W. Chicago (27564) between Cavell and Arcola. Henzi: Hello. Petitioner: Good evening. Henzi: Hold on a second. If there is anybody that was here for that first case and you didn’t want to stay around for the others, you are free to leave at any time. I recognize some faces. Don’t feel you have to sit through four more cases. No need to be polite about that. We’ll just let it clear out, Mr. Rowe. Petitioner: I won’t feel so intimidated then. McCue: We cut your audience in half. Henzi: All right. Before you start, Mr. Kearfott, is there anything new on this case? Kearfott: No. Henzi: Anything for Mr. Kearfott? Okay, Mr. Rowe, go ahead have a seat if you’d like. Petitioner: My name is Scott Rowe. I live at 27564 W. Chicago in Livonia and I am looking to install a 6-ft. fence. The description here is not exactly the way that it’s described – it’s not really abutting anybody’s property. It’s going down the sidewalk side of the fence. I live on the corner lot of W. Chicago and Cavell. What we are looking to do is erect a fence because we have two foster children in the house that were taken from their parents about three years ago and we are soon to adopt them and we’re a little concerned for their safety for a couple of reasons. The mother specifically has been pretty adamant about, you know, wanting to get her kids back and secondly, we live two blocks down the street from, for instance, where the carnival just left and more than one occasion we have had some theft from vehicles in the yard from the people that were there. So, we looked at those as reasons plus the specific privacy from the street that we are right next to. City of Livonia, Zoning Board of Appeals Page 7 of 35 May 22, 2012 Henzi: Were you ever provided a letter from Sergeant Gibbs from the Traffic Bureau about your fence? Petitioner: My current fence? Henzi: About your proposal. Petitioner: I just got this -- Henzi: It’s dated April 25th. Petitioner: No. Henzi: No. In his letter he suggested that there could be a hazard with young kids on bikes. Do you have a copy now? Petitioner: I do. Henzi: Oh, go ahead. Petitioner: I’m almost done looking at it. Kearfott: There’s more on the backside. Petitioner: They had mentioned this when I applied for the application, and told me I had to come for a variance that there may be some issues with this, but I had not received this at all. I guess my concern with this is, one that I’m not for sure what the difference is between a 5-ft. fence and a 6-ft. fence in this particular case. I mean, if you can’t see, you can’t see. But the reality is that in just a half a mile radius from where I lived I have driven around and looked at the other corner lots and houses that are there and I’ve taken at least 10 pictures of the exact same scenarios that – they called it a blind driveway – is what the term that they used. And they’re - not to say that it’s right, but they are everywhere. I’ve got 10 pictures of them within two blocks and about eight blocks in the other direction. We’re looking just to provide some safety and some privacy to the family. Henzi: I think really his one concern is just that if you would consider angling it off on the south side of the driveway so that if a child is on a bike heading northbound on the sidewalk, he or she would be able to see a car backing out a little quicker. I can show you because it is kind of drawn in on mine. Petitioner: Sure. I mean, because the reality is that the driveway ends right at the sidewalk. The reality is, is that it doesn’t matter there’s 20-ft. of bushes that are there that you can’t see through anyhow. I don’t know whether they are mine or my neighbors, but that’s blind by bushes as well as the house across the street from me from – their driveway is out, I mean, there are bushes all over the place in those types of corners. I mean, angling it wouldn’t necessarily make it any less or any better visible. City of Livonia, Zoning Board of Appeals Page 8 of 35 May 22, 2012 Henzi: Okay. Any questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: When I was by the house you’re requesting to have a privacy fence on the west side of the house; right? Petitioner: Yes, sir. Sills: Okay. And then your house stands here and then there’s a space and then your garage is in the back of the house. Petitioner: The house is on the south side of the lot and the garage is on the north side of the lot. Sills: That is correct. Petitioner: Yes. Sills: Well, the privacy fence that you have running from the back of your house towards the garage that is the fence that we were thinking about angling off. So, as you are backing your car out of your garage you can see what is coming down the sidewalk. But on the other side of the driveway you’ve got what appears to be a fence and then there appears to be trees there. You can’t do any angling there at all. It’s really a blind spot as you are backing out. Petitioner: On the south side you are correct there’s – it just goes towards the house and it’s just open there and then on the north side there is about 10-ft. from – not even quite 10-ft. about 8-ft. from the driveway to the last fence which is a chain-link fence with about 20-ft. high pines that you can’t see through right now as -- Sills: I believe that’s what that letter -- Petitioner: So, you’re talking about on the side? Sills: It’s pertaining to where you can angle it off on the one side, but on the other side you can’t do anything with it. Petitioner: Honestly, the backyard is so small that angling it off would not provide us any use of the backyard. Sills: I know that. Petitioner: And I guess, we don’t normally park in the driveway anyhow just because of where that is located. We’re parking on the street all the time anyhow. The only thing City of Livonia, Zoning Board of Appeals Page 9 of 35 May 22, 2012 that the driveway is actually used for is for the kids to ride their bikes through the gate, the two grandkids that are living there. Sills: And your neighbor across the street from you doesn’t even have a fence. Petitioner: Which way? Sills: That would be west of you. Petitioner: He does, but his is not at the sidewalk. His is flush with the house to the neighbor’s house. Sills: Right. Petitioner: Yes, and he has a chain link there with a double gate. Sills: That is correct. What you’re proposing with a 5 or 6-ft. fence running right up to where your driveway is there is a blind spot there. You couldn’t see anybody coming down the sidewalk. Petitioner: I would agree with you extra caution would need to be observed. I would agree with that. Sills: So, that’s what that letter pertains to. We’re looking at maybe angling that fence off a little bit so you could actually see somebody coming as you’re backing out. Petitioner: Again honestly, by the time that you’re backed out half your car is - the back end of your car is already in the street at that point before you could effectively see anything coming whether it’s angled or not. The driveway comes right up to the sidewalk and from the sidewalk to the road is whatever the sidewalk width is and then 6- ft. worth of driveway. I mean, your car is literally in the road at that point before you can – if you’re backing out. Now if you’re pulling out, your car is just barely at the edge of the curb, but even then the fence isn’t going to give you any greater visibility to any degree to speak of. Sills: Well, that’s true. Petitioner: Like I said, I did drive around and I looked to try to mitigate some of those concerns around the neighborhood and just about every lot on the corners, whether they’re legal fences or not, have something going right up from their sidewalk right up to their driveway. Now some of them go straight up to their garages from there, but it still doesn’t eliminate the blinds spots and some of those have them with bushes as well. Like I said, that’s just in a two blocks north and about four blocks west. I only stopped at 10 pictures. I could have taken them all day long. They were all over the whole neighborhood in the Clement Circle area there. Henzi: Did you bring any photos with you? City of Livonia, Zoning Board of Appeals Page 10 of 35 May 22, 2012 Petitioner: Yes. Henzi: Can you pass them around? Petitioner: One of them is not real clear because shooting through the windshield while you’re stopped, you know, I didn’t want to take – people don’t take kindly to you stopping and taking pictures of their house. I didn’t take any pictures of addresses because I didn’t want rat out my neighbors, but they are in the two block areas about four or five blocks. If you want to go look, they’re there. I could explain them to you if you need to, but you can see most of them pretty clearly. Henzi: They’re all in Clement Circle though? Petitioner: They’re all between West Chicago and Plymouth, and Inkster and probably Harrison. Henzi: Okay. Petitioner: And I didn’t even go to Plymouth – Elmira and – what’s that other street there? Cathedral, is that what it is? Henzi: Cardwell? Petitioner: No, Elmira and then the other east/west street there. Kearfott: Orangelawn. Petitioner: Yes, Orangelawn and Elmira. Cathedral is on the other side of West Chicago. Henzi: Are there any other questions? Caramagno: Mr. Chair, I have a question. Henzi: Mr. Caramagno. Caramagno: Sir, I see you’ve got this picture of the type of fence and you’ve got a – it looks like a standard 6-ft. fence and then you’ve got it with lattice. You provided these to us? Petitioner: Yes. Mine doesn’t have the lattice, but I could exchange it if that was necessary to put the lattice type up. Caramagno: Okay. You’ve got an “x” through this lattice, but that’s just not what you chose initially? Petitioner: The Building Inspector – I gave him some pictures and he “x” that one out. He had some samples and it’s the one on the left. Ours is the solid fence. City of Livonia, Zoning Board of Appeals Page 11 of 35 May 22, 2012 Caramagno: You’re not strongly opposed to any lattice up there? Petitioner: No. Caramagno: Okay. Petitioner: I just have to locate it and trade what I bought in. Honestly, I didn’t even think that I needed it because like I said, what I seen in the neighborhood. But I thought I just better cover my butt and go down and make sure I need a permit and then all that. Henzi: Any other questions? McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: These pictures right here are the examples; is that what you said or am I -- Petitioner: Let me see that one. No, I didn’t print any color ones. Mine were all black and white. I was being cheap. Kearfott: Those were just the pictures, Betsy, that I took. Petitioner: You guys can keep those for the record if you like. I don’t need them back if you need them. Henzi: Any other questions? Is there anyone in the audience who wants to speak for or against this project? If so, come on up. I see no one coming forward. Caramagno: We have an approval from Kathleen Cook [27556 W. Chicago] (letter was read). Cynthia Zajac [9592 Cavell]. This is an approval as well (letter was read). William Lipka [9539 Cavell] sends an approval. Henzi: Were there any more questions now that you’ve seen those photos? Fisher: Mr. Chair. Henzi: Mr. Fisher. Fisher: Are you intending to erect a new gate in addition to this fence or just keeping the same chain-link gate? Petitioner: That I haven’t figured out yet. I haven’t figured out the way to make a double fence work with a privacy fence yet. So, right now it’s probably going to be the chain link because it works. I don’t know how I’m going to get – it’s a 20-ft. wide driveway. They don’t make gates or connectors for 10-ft. sections yet. They’re too heavy. City of Livonia, Zoning Board of Appeals Page 12 of 35 May 22, 2012 Fisher: Okay, thank you. Henzi: I see your proposal is a privacy fence with a chain-link gate in front of the driveway. Petitioner: Yes. Henzi: Okay. Any other questions? Okay, I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I find it difficult to support this petition because of the lack of safety with the construction of the fence. I’m going along with Sergeant Gibbs letter here. It’s not going to be very pleasing to the homeowner, but facts are facts. I cannot support this. Henzi: Mrs. Aloe. Aloe: Well, I also have a little bit of a problem with it and after you said the gate, now I really have one because you are asking for privacy and yet you’re going to use a 20-ft. chain-link gate so I don’t get the privacy with that. But I think the point that you missed in the Sergeant’s – the police officer’s letter is it may not give you any better view if you angle the fence off, but what it will give is an opportunity to the pedestrian to see you backing out where they could have a chance to stop and not go in back of you. So, I think that you have a uniqueness being on a corner and I certainly can appreciate you wanting to protect your children, but at the same time I really don’t see you accomplishing what you’re here for so I don’t think I can be in support. Henzi: Mr. Caramagno. Caramagno: You’ve got an awful small yard in that back and that side there, and angling anything for the reasons of safety I understand takes a lot of room out of your yard. I guess the hang up I’ve got with it right now is the fact that you could probably put a 5-ft. privacy fence up there without our approval, without the approval of the officer as well; is that right, Mike? He doesn’t need the officer’s approval to put that fence up there – a 5-ft. Fisher: I’m not following you. Caramagno: Well, he’s only exceeding it by 1-ft. He can still put a 5-ft. fence there. Fisher: No, he’s still going to need our approval of that. Caramagno: Even though it says, “allowed 5-ft.” Fisher: Well, the problem that this fence has is that it would create an obstructed view regardless of whether it’s 5 or 6-ft. and the ordinance specifically says that you can’t create an obstruction for the view of traffic. That’s part of the reason he’s here. I guess we neglected to put that in the public notice, but that is part of the ordinance. City of Livonia, Zoning Board of Appeals Page 13 of 35 May 22, 2012 Caramagno: Okay. That was part of the issue I had with the hang up there. The chain- link fence - the chain-link gate I think that will look a little odd myself. I think that looks kind of strange a chain-link gate on a white – I’m assuming white or tan privacy fence. So at this point, I’m not necessarily ready to send my approval. I’d like to hear more maybe at a later date. Henzi: Mr. Duggan. Duggan: Yeah, my thought process is similar to Mr. Caramagno. I mean, you’re part chain-link/part privacy fence. I’ve been on the Board for a year and I haven’t heard of a hybrid fence that you’re talking about doing part privacy/part chain link. So, I don’t know if I’m comfortable with that. I haven’t seen any around the City, but again, I haven’t looked but I haven’t heard of that. Petitioner: Well, I’m happy to put a privacy fence there as well. Duggan: Okay. But my issue still comes back to that we rarely – this may be the second time we’ve gotten a letter from the Department of Public Safety about giving the privacy fence for safety reasons marking it off, like they said, angling it for pedestrians and bicyclers and everyone to see you backing out. So, I know that it’s inconvenient especially since you have a small backyard. I’m going to agree with the Police Department and I won’t agree to your proposed fence at this time. Henzi: Mrs. McCue. McCue: I have to agree as well. I think ultimately here what it comes down to, and I certainly understand the reasons for your request, but to me safety is the biggest issue in our neighborhoods. And if we have a letter here stating that there is a concern, I can’t do anything but not go along with the proposed, and I agree with the link fence on the other fence as well. I don’t think aesthetically that’s going to work. So, all the way around I don’t think that I could agree to this variance. Henzi: I can’t approve it tonight for a few reasons. Number one, we’ve made some significant changes at your request. As the meeting went on, I’m not comfortable with approving it when the plan changes like that. That’s not a criticism I’m just saying -- Petitioner: Well, what plan changed? Henzi: Well, I envisioned that this was going to be all privacy fence then you told me chain link now you want privacy again. Petitioner: Well, I bought privacy fence to go all the way down the road, all the way down the side of the road. I just don’t know how to put it up yet. Henzi: We’ve got a person whose position is dedicated to traffic safety telling us it’s not safe. I think what is fair to you is to table this for you to come back and give you an opportunity to talk to Sergeant Gibbs and perhaps you will convince him otherwise. City of Livonia, Zoning Board of Appeals Page 14 of 35 May 22, 2012 Petitioner: Who is Sergeant Gibbs? Henzi: He is the Sergeant who drafted the letter that says that it’s a hazard for bicyclists to put up the fence like you want to put it up. Petitioner: Is it typical for variance requests to go to the Police Department for approval? Henzi: Yes. Petitioner: Is it typical for them not to provide me a copy of it until I get here to the Board? I mean it’s been a month since this guy wrote this letter. I had no opportunity to even prepare for that. Henzi: I understand that’s why I’m suggesting to the other Board members we shouldn’t deny your petition rather we should table it so you don’t have to pay to come back. I think that that’s fair, too, or you might read that again and say, you know what, chain link makes more sense because it gives better sight lines something like that. That’s my feeling. So, does somebody want to make a resolution? Besides we’re missing a member you don’t have the votes so tabling would be -- Caramagno: And with that being said, I will make a tabling motion. Upon Motion by Caramagno, supported by Aloe, it was: RESOLVED, APPEAL CASE NO. 2012-05-17: Scott Rowe, 27564 W. Chicago, Livonia, MI 48152, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in the fence being excess in height and the fence not aligning with fencing upon the adjacent property. Privacy Fence Height on a Corner Lot Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of W. Chicago (27564) between Cavell and Arcola be tabled to allow the Petitioner to meet with the Livonia Police Department to discuss his proposal and return with a revised plan. ROLL CALL VOTE: AYES: Caramagno, Aloe, Duggan, McCue, Sills, Henzi NAYS: None ABSENT: Pastor Henzi: This is tabled. I will give you the schedule and then I will listen – you can raise any questions you have. The next available meeting is June 26th. If you want that date, you have got to tell Marilyn in the Zoning Board Office by Wednesday, June 6th. If you City of Livonia, Zoning Board of Appeals Page 15 of 35 May 22, 2012 miss that date, you will have to wait until July 10th. And what I generally tell Petitioners who have been tabled is you don’t have to make any changes, you can make many changes, but just take into consideration what the Board members said tonight. Now, what questions did you have? Petitioner: I’m curious, to this gentleman Mr. Fisher’s comment about – I mean, I’m requesting a 1-ft. variance here and he’s citing some obstruction. So, if I could find out what that information you’re getting that from. Fisher: Okay, this is Livonia Code of Ordinances, Section 15.44.090(A)(4)(a): “Fences on corner lots shall not be located within the corner side yard unless all of the following conditions are met: a) The proposed fence will not block any portion of the view which drivers on either of the intersecting streets would have of traffic on the other street, or any driveway if the fence had been built to the corner side yard line.” The corner side yard line is basically the line of your house, the end of your house. Petitioner: So, that doesn’t imply – doesn’t that sound like if I put it on the corner in the front of my lot, that I would be restricted on the height? Fisher: You can’t build it at all if you build it closer to the street than the line of your house. That’s why you’re here. Petitioner: I gather what you just read there and I will go back and read it that if I was building it on the corner of my lot, which I’m not, I’m building it on the back side of my house that I wouldn’t be authorized to put one in without obstructing traffic. Fisher: The corner lot line is – you’re sitting on a corner and the corner side yard is that area between the line of your house and the street. So, pretty much your entire distance from your garage to the street is in that corner side yard. So, you cannot build a fence in there at all without a variance because it will block the view that traffic would have either in your driveway or on the street of your driveway. Petitioner: And your position here is what? Fisher: I am an Assistant City Attorney. Petitioner: Attorney, okay. Henzi: Okay. Good luck to you. You just call Marilyn in the ZBA Office to reschedule. Kearfott: Maybe you can show him coming off the corner of the house that you can show him from that picture? What we mean by the corner side yard. City of Livonia, Zoning Board of Appeals Page 16 of 35 May 22, 2012 Fisher: Oh, okay. Draw a line running along this wall and just continue it up here, that’s the corner side yard Petitioner: Where the current fence is at. Fisher: Yes, the current fence is in the corner side yard. Petitioner: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 17 of 35 May 22, 2012 (7:37 #1/1119) APPEAL CASE NO. 2012-05-20: Kenneth W. Mills, 9553 Laurel, Livonia, MI 48150, on behalf of Lessee Billy’s Roofing, 33710 Plymouth Rd., Livonia, MI 48150, seeking to erect a wall sign on the side (east elevation), which is not allowed. Wall signs must be placed on the building front. The property is located on the south side of Grand River (27513) between Rensellor and Antago. Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Questions for the Inspection Department? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: Do you know besides the fact it’s not allowed on the east wall, would the size of the sign be compliant with the building? Kearfott: I’m not sure I understand. Aloe: Well, he’s here because he can’t have a sign on this side of the building it has to be on the front. But even looking at this sign is the size of the sign a correct size for that side of the building, the length of that building? Kearfott: If this sign was on the face of the building, you mean, would this be allowed? Aloe: Yeah, right, exactly. Fisher: I’m confident Randy would have written it up if it also had an excess area. Aloe: Excess, you think so? Fisher: Yes. Aloe: All right, thank you. Henzi: Any other questions? Okay. Good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address? City of Livonia, Zoning Board of Appeals Page 18 of 35 May 22, 2012 Petitioner: Kenneth Mills, 9553 Laurel, Livonia, Michigan 48150. Henzi: Why don’t you tell us why it is that you want to have the sign on side of the building? Petitioner: Okay. I left my Plymouth Road location the stability of that in order to own a building in a different part of Livonia with some signage visibility issues. It’s got the big bingo hall that kind of blocks me from eastbound traffic on Grand River. There’s a zero setback there, it’s right up against the street. I’d like for people to be able to see me a little better than what they can with just a sign on the front. Henzi: Okay. Any questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: You’re intending to have no sign on the Grand River side of the frontage? Petitioner: Well, I kind of need something there because when people are actually looking for me and I tell them how to get there, I need it to be identified. Caramagno: How about a big old address? Petitioner: I guess I could do that. I don’t know. I’d kind of like to have my name on the front of the building, that would definitely make it nice, you know. Caramagno: Scott, is he allowed to have signs on the east and in front? Kearfott: Well, no, that’s why he’s here for a variance and -- Caramagno: Is it just the east side? Aloe: Yeah. Petitioner: The north is already approved, you know, but on the east side and I was wanting it as well. And there’s four or five businesses only in Livonia right on Grand River. The pawn shop has it, the Petix Tuxedo has it, and I would be one of the only one’s that don’t. Caramagno: So, this is a second sign as well. Petitioner: Yeah, everybody else has two signs. The neighbors don’t seem to have any problems with it. Kearfott: There has been a lot of signs granted on Grand River for additional signs. City of Livonia, Zoning Board of Appeals Page 19 of 35 May 22, 2012 Caramagno: How big is the sign going to be on the front of the building? Petitioner: Approximately, 29-sq ft. I’ve got 30-ft. of frontage on the front so that fits within the guidelines, but the side sign would be about 29 as well. Caramagno: What’s he allowed on the building in total signage? Fisher: 30-ft. if he’s got 30-ft. of frontage. Caramagno: 30-ft. So, you want 30 on the front and 30 on the side. I didn’t read this right. I didn’t understand that. Am I missing something? McCue: I didn’t see anything about the front sign either. Fisher: If that’s the case, then this notice is messed up. Now, I’m wondering if Randy understood that you were going to do a sign on both fronts. Is your sign already erected on the front? Petitioner: No, no, I’ve been waiting just to see what you guys come up with. Kearfott: Here’s a current picture. I took pictures there. Fisher: So, do you have a permit for a sign on the front? Petitioner: No, I’ve got the application. I’ve just moved in over there. I don’t even have the inside together yet so we’re not open for business technically for another month or so anyway. Fisher: Have you brought forward a design of the sign that you want to have on the front? Petitioner: Yes, I submitted copies. That’s pretty much the same sign. When I talked to John, he put it all together and said you’re good to go on the front one. You just need to get the variance for the side sign. He put everything together and said, here, hand this to your sign company, you’re good to go, but you have to get the variance on the other one. Henzi: Can we proceed, Mr. Fisher, with the notice or do we have to redo it? Fisher: There needs to be a notice that says what he’s actually seeking a variance for and it sounds like it’s more than just what’s here. Sills: He’s asking for two signs? Fisher: Right. He’s asking for two signs and he’s also asking for approximately 200 percent of the permissible sign area. So no, I don’t think we can go forward on the basis of this if that’s what we’re really looking at. City of Livonia, Zoning Board of Appeals Page 20 of 35 May 22, 2012 Henzi: Do you understand that, Mr. Mills? What you’re asking for is actually more than what we thought you were asking for. Petitioner: Okay. Henzi: So, there has to be a public notice so that the public knows exactly what you’re asking for. Petitioner: Okay. Yeah, I’m new to this. I apologize for wasting anybody’s time. Henzi: It’s not a waste. So, we can just short circuit things and if somebody wants to make a tabling motion. Upon Motion by Sills, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012-05-20: Kenneth W. Mills, 9553 Laurel, Livonia, MI 48150, on behalf of Lessee Billy’s Roofing, 33710 Plymouth Rd., Livonia, MI 48150, seeking to erect a wall sign on the side (east elevation), which is not allowed. Wall signs must be placed on the building front. The property is located on the south side of Grand River (27513) between Rensellor and Antago be tabled to allow the Petitioner to return with the proper information for the Board to consider. ROLL CALL VOTE: AYES: Sills, Caramagno, Aloe, Duggan, McCue, Henzi NAYS: None ABSENT: Pastor Henzi: I will give you those dates one more time, Mr. Mills. If you call the Zoning Board Office before June 6th, you can get on for June 26th, which is the next date. Petitioner: Okay. What do I do now, I mean, do I need to tell them exactly or do you guys got that part taken care of? I don’t want this to happen again. Fisher: No, we understand. Scott, can you mention to Randy that this is actually a two- fold proposal? Sills: He’s requesting two signs. Fisher: Yes. Kearfott: Yes, he wants the sign he’s allowed, plus an additional sign. Fisher: Right. City of Livonia, Zoning Board of Appeals Page 21 of 35 May 22, 2012 Keartfott: Plus extra square footage. I won’t be able to mention it to Randy until after the holiday weekend because he is off all week. Fisher: Okay. Well, in any event, the other thing is we’re very close to having the agenda for the 26th filled so you may be in July anyhow. Petitioner: Man, that’s gonna be terrible. Fisher: I’m sorry about that. Petitioner: Okay. Henzi: Just go to the Building Department, I think they understand what you’re going for. Petitioner: Yeah. Randy seems to be real happy with everything that I’m doing. So, I don’t know so we’ll see. Okay. Henzi: Thank you. Petitioner: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 22 of 35 May 22, 2012 (7:45 #1/1442) APPEAL CASE NO. 2012-05-21: Shaker Haddad, 34705 Norfolk, Livonia, MI 48152, seeking to erect a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages Total Garage Area Allowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 1275 sq. ft. Excess: One Excess: 555 sq. ft. The property is located on the south side of Norfolk (34705) between Gill and West. Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: In viewing the property in question, I did notice the neighbor to the west directly to the west of the Petitioner, there was an out building there, but I wasn’t sure whether it was his neighbor or the neighbor on the next street. Could you clarify that for me, Scott? Kearfott: I believe that is the next-door neighbor. Sills: I believe it is, too. So, the condition here is that the Petitioner has a three-car attached garage and he wants to put a detached garage by removing this tree probably and sticking that garage right there. Keartfott: That’s what I thought, too. Sills: That’s what I thought, but I didn’t know whether that out building next door to him was his direct next-door neighbor, or the guy on the next street because there is a fence. There is a dividing fence there. Kearfott: I believe that is also a garage there, an accessory building. Sills: Okay, so we can assume that his neighbor has exactly what he wants to have. Kearfott: There are several on that street. City of Livonia, Zoning Board of Appeals Page 23 of 35 May 22, 2012 Sills: I know there’s several of them that way. Okay. Ballard (Builder): Do you want to see this? Sills: Yes, can I see that? Henzi: Any other questions for Inspection? Good evening. Petitioner: Good evening. Henzi: Can you introduce yourselves, please? Petitioner: My name is Shaker Haddad. I live at 34705 Norfolk, Livonia. Mrs. Haddad: I’m Julia Haddad, his wife. Henzi: Why don’t you tell us why you want to construct the extra garage at the square footage that you have proposed? Petitioner: Because we have a big family. We have six kids and we have a pool. We need the space for the pool equipment and we have a custom van for traveling. There’s no place we can put it in the garage and we have five cars now. Julia Haddad: And the driveway – our garage, the existing one, the doors are on the side so it makes it really very difficult for the cars to go into the driveway. There’s not much space to back in and out of the garage so all our cars are always outside. We’d like to have the one that goes straight down to put the cars in there. Henzi: What do you propose to put in the new garage if it’s approved? Petitioner: We are going to use it for the other cars and the -- Julia Haddad: We are going to make it high enough for the van to go in there, too, because we have a high top van, just the door it’s gonna be, you know, I think an 8-ft. door for the van to go in. Henzi: There was a rendering in your packet is that what you propose this garage to look like? Petitioner: It’s going to be like this. This is just to show the City. Henzi: This is a sample? Julia Haddad: Yes. Petitioner: Can you tell us about the building materials like will it be brick or siding? What kind of roof, that sort of thing? City of Livonia, Zoning Board of Appeals Page 24 of 35 May 22, 2012 Ballard: Actually, we wanted the brick around 4-ft. high to match the house and then obviously, the trim would match the house. Henzi: Are you the builder? Ballard: Yes. Henzi: What’s your name? Ballard: Rick Ballard. Henzi: Okay. And address. Ballard: 3660 Windy Knoll, Rochester. Henzi: Do they require a special door? Ballard: It’s just a 9-ft. door – or an 8-ft. door, I’m sorry, an 8-ft. door versus a 7-ft. door. They’ve got that conversion van and they’re just a couple inches short. Henzi: You were explaining by looking at the aerial view about the neighbor – can you explain what you were talking about? Ballard: Yes, yes, I mean, quite a few of the neighbors actually have a detached garage around there. Henzi: On Norfolk? Ballard: Yes, yes. Julia Haddad: It’s a pretty big lot actually. Petitioner: It’s a two-acre lot so I don’t think we will bother anybody. Henzi: Are you going to have a hard surface to the new garage? Are you going to have a driveway? Julia Haddad: I think so. Do you mean concrete? Ballard: Yes. Julia Haddad: Yes, definitely. Henzi: Okay. Any questions for the Petitioners? Duggan: Mr. Chair. Henzi: Mr. Duggan. City of Livonia, Zoning Board of Appeals Page 25 of 35 May 22, 2012 Duggan: You’re asking for a lot of garage space for your pool and your lawn equipment. How much stuff do you guys have that you need a whole other -- Julia Haddad: Well, it’s not just the – the equipment can go in the first garage. It’s just that we can’t really get the cars in there in the garage that we have that is attached to the house. It’s really very difficult because the driveway is not very wide to get the cars in and out because the doors are on the side, not in the front. Duggan: Right. Julia Haddad: So, what we want to do is use it mostly for the equipment but we want to put the cars back there. Duggan: Right. And what is your objection to having just parking in the street or having less equipment -- Julia Haddad: Actually, we can’t really park in the street we have the fire hydrants right in front of our house and usually - it’s very small the street. You can’t really park there. Duggan: Okay. Julia Haddad: And you’d have to park it outside, you know, all the time. We did that, but it’s really very hard. Duggan: It’s that inconvenient for you? Julia Haddad: It is, yes. Duggan: Okay. All right, thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: The sample photo we’ve got here, the picture we’ve got of the garage, you know, you’ve got a pretty large piece of property there, pretty well maintained and nice all over. Generally, the whole property is very nice there. Why wouldn’t you want to have a drawn up picture of what you’re actually going to produce and put there? Petitioner: Actually, we took this from the internet the way it looks so it’s going to be different. It’s going to be something to match the house. Caramagno: That’s what I’m getting at. I’d like to actually look at something that you want to put there myself. I’d like to have a good vision of what it is. Now, I understand there is a ton of garages on that street. There’s a lot big garages on that street, but City of Livonia, Zoning Board of Appeals Page 26 of 35 May 22, 2012 seeing something exactly what you’re going to put there would help me understand a little better myself. You’re saying we’re going to put something up kind of like this. I don’t know – it could look completely different than this for all that I know. This is kind of how it looks that we pulled off the internet. I’d like to see something a little more exact of what it’s going to look like myself. Ballard: Can I say something? Why we didn’t do that yet is obviously until we get an approval and then when we submit for the plans and stuff, then we would submit a drawing and obviously all that at that point. Caramagno: Okay. Julia Haddad: We were just thinking of getting the approval first before we do that. Caramagno: And you say you’re going to have a hard surface back there – concrete or asphalt? Ballard: It’s concrete, concrete driveway. Caramagno: Concrete driveway going back? Ballard: Correct. It’s a concrete driveway. Caramagno: You said a 4-ft. ribbon of brick around the three sides? Ballard: The three sides, yes. Caramagno: How about the front all the way? Ballard: Yes, on the front all the way and then on the three sides 4-ft. high and then vinyl siding to match the house and then obviously, shingles to match the house. Caramagno: What exact size – I don’t think I saw that. What exact size is that garage that you’re thinking of putting there? I see the square footage, but what is it? Ballard: 24x 24. Caramagno: Okay. That’s all the questions I got. Henzi: Any other questions? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: Do you have a pool currently or are you attempting -- Petitioner: Yeah, we have a big in-ground pool, yes. City of Livonia, Zoning Board of Appeals Page 27 of 35 May 22, 2012 Julia Haddad: Yes. Aloe: You do have one? Petitioner: Yes. Aloe: I’m looking at your plot plan, where is it in relation to where you’re putting you’re -- Ballard: If you look at the picture I gave them, it will actually help you out there. Henzi: Any other questions? I had one or two. Do you require anything other than the standard electrical service? Petitioner: No. Henzi: You only need electricity for the garage door and lights; right? Petitioner: That’s all. Henzi: Anything else? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: Did I misunderstand you did you say you’re going to put brick 4-ft. high and then siding? Ballard: Correct. Aloe: On the front or all the way around? Ballard: No, on the very front where the garage door is there’s brick all the way up on the front side and then a 4-ft. band around the other three sides. Aloe: Okay, thank you. Henzi: Anything else? Is there anybody in the audience who wants to speak for or against this project? If so, come on up to the table. Good evening. Riser: Good evening. My name is Mike Riser, 34855 Norfolk. I live next door to Mr. and Mrs. Haddad. We built about a year apart. There are 17 houses on Norfolk counting the two that front on Gill Road and that have sideage, about 400-ft. of sideage. Out of that 17, there is 11 outbuildings. Mr. and Mrs. Haddad have got one of the largest lots on the street it’s a double lot. They’ve got a very nice home and I’m sure that garage putting the brick on is going to compliment it. I have one it’s 30 x 26, it’s City of Livonia, Zoning Board of Appeals Page 28 of 35 May 22, 2012 tough to see, you know, from the street, but it’s built on the same architecture as the house. It serves us well. It doesn’t bother anybody and also from the back end it’s going to be very difficult to see with all the foliage back there. And also, you know and you’re probably aware of it, Council just changed the ordinance on the sizes of the garages so really there’s not going to be that much excess total square footage with what they just changed. So, it’s really not out of character with the neighborhood. It’s all RUF, 335-ft. deep, and there’s plenty of room for it and if it was me, I would build it bigger. Henzi: Thank you. Anyone else? Lambert: Ray Lambert, 3468 Vargo. I’m the lot directly behind Dr. Haddad and I have no issue with that lot. He keeps his property up very well. He’s got a nice lot. I have no issue with that garage going up. Henzi: Thank you. Anybody else? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: Is that true, the Council did change the -- Kearfott: I don’t know. It hasn’t come down to me yet. Aloe: Mike, do you know? Fisher: Yes, they changed it. I don’t think it would affect this case because this person has two garages proposed, but a single garage can now be up to 1,000-sq. ft. assuming that the footprint of the house is bigger than that. Aloe: A single attached or detached? Fisher: Single attached garage. Henzi: Were there letters on this case? Caramagno: Two. Harry (& Debbie) Cebula [34700 Norfolk] write an objection (letter was read). Marie Vella [20226 Laurel] writes an objection (letter was read). Henzi: Is there anything you would like to say in closing, Mr. or Mrs. Haddad? Petitioner: No, thank you. Julia Haddad: Thank you. Henzi: I will close the public portion of the case and begin the Board’s comments with Mrs. Aloe. City of Livonia, Zoning Board of Appeals Page 29 of 35 May 22, 2012 Aloe: Well, I will be in support. These are large lots. Many neighbors have come in with similar requests, some larger, some smaller. The fact that they have a large family, they have a pool, they need to store lawn maintenance equipment, pool equipment, and cars makes it okay for me to support it. So, I will be in support. Henzi: Mr. Caramagno. Caramagno: I’m absolutely in support. Mr. Haddad has a large family, a very large lot. There are many, many, many garages on that street that are far larger than what he is asking for on both sides, so I am in complete support. Henzi: Mr. Duggan. Duggan: I, too, will be in support. Originally driving by, you know, I didn’t think it would be that inconvenient to pulling it out of your garage like it is, but after we looked at it from above and looked at neighboring properties that would be a real inconvenience. Your property can certainly take another garage and I will be in support. Henzi: Mrs. McCue. McCue: I agree. You’ve got a nice large lot. Obviously, it is well kept – beautiful. I do agree the position of your garage I can see it from the aerial view would be a challenge of getting out of there. And again, there is many others in the area that have a similar situation, so I will support as well. Henzi: Mr. Sills. Sills: I, too, will be in full support. I think that we’re very late with supporting these huge lots where people want to put another building on and I’ve had conversations with Mr. Riser in the past about the same thing. I don’t see any problem with it. They have an exceptionally large lot, extremely well kept up, I must say. I will be sorry to see you have to cut that tree down though to get to your detached garage, but we can’t have everything I guess. I will be in full support. Henzi: So will I. There’s really nothing I can add. I agree with all the comments made by all the Board members. Normally we have the plans ahead of time, but I think that it’s been described sufficiently enough tonight that I have a feeling for what’s going to go up and I think it’s going to look very nice. So, the floor is open for a motion. Upon Motion by Duggan, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012-05-21: Shaker Haddad, 34705 Norfolk, Livonia, MI 48152, seeking to erect a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. City of Livonia, Zoning Board of Appeals Page 30 of 35 May 22, 2012 Number of Garages Total Garage Area Allowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 1275 sq. ft. Excess: One Excess: 555 sq. ft. The property is located on the south side of Norfolk (34705) between Gill and west end be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the building is built in such a way that it is inconvenient to get in and out of the Petitioner’s driveway from the garage. 2. Denial of the variance would have severe consequences for the Petitioner because of the difficulty getting in and out of their garage. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there are numerous similar buildings and structures in neighboring yards. 4. The Board received two (2) letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the garage be built as proposed to the Board according to the plans presented and to Mr. Ballard’s presentation, including a fully bricked front facing the street, and brick up to 4-ft. above grade on the remaining three sides, with bricks, siding, and shingles to match the house. 2. That the electrical voltage is limited to the standard 110 volt service. 3. That there will be a hard surface, concrete driveway to the structure. 4. That the variance is good for six (6) months. ROLL CALL VOTE: AYES: Duggan, Caramagno, Aloe, McCue, Sills, Henzi NAYS: None ABSENT: Pastor Henzi: The variance is granted with four conditions. I will read them one more time. You have to build it as presented, as you presented it to the Board tonight and like Mr. City of Livonia, Zoning Board of Appeals Page 31 of 35 May 22, 2012 Ballard talked about. The electrical voltage is limited to the standard 110 volt service. You’ve got to have the hard surface, which you proposed, concrete driveway. The variance is good for six months, which means you’ve got six months within which to build the structure. Petitioner: Okay, thank you. Henzi: Thank you very much. Petitioner: Thank you. Julia Haddad: Thank you. City of Livonia, Zoning Board of Appeals Page 32 of 35 May 22, 2012 (8:10 #1/2100) APPEAL CASE NO. 2012-05-22: Bryan and Tracy Tullis, 30235 Hoy, Livonia, MI 48154, seeking to add a cover over an existing front porch to a nonconforming dwelling, resulting in deficient front yard setback. Nonconformity of the existing dwelling is based on the existing front yard setback of 30 feet where 50 feet is required. Front Yard Setback Required: 50 ft. Proposed: 24 ft. Deficient: 26 ft. The property is located on the south side of Hoy (30235) between Henry Ruff and Melvin Avenue. Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, good evening. Petitioner: Good evening. Henzi: Can you tell us your names and address? Petitioner: Brian and Tracy Tullis, 30235 Hoy Street in Livonia. Henzi: Why don’t you tell us about your project? Petitioner: We have built a porch or – and we want to get it covered and we’ve had some problems. My wife who is pregnant over the winter just slipping and didn’t even realize that the distance wasn’t where it needed to be because the cement portion was approved, so we just wanted to get the variance to go ahead and put the cover over the top porch. Tracy Tullis: And all of our six nearest neighbors have covered porches. I spoke to quite a few of the neighbors and nobody really objects. So ours would kind of match in with theirs, which would be kind of nice. And we actually sit 96-ft. from the road from our property line. We have a manhole in our front yard, so we assume there’s got to be a City easement maybe out there because we are the furthest back house on our street, too. That’s what our assumption is. Henzi: Any questions for the Petitioners? Maybe if you just want to tell us about there are some plans, you know, shingles to match, I imagine. City of Livonia, Zoning Board of Appeals Page 33 of 35 May 22, 2012 Petitioner: Yeah, the shingles will match the roof. We got a 4-ft. by 12-ft. just to fit in with the existing structure underneath. Tracy Tullis: The shingles will match. The siding will match the siding that we have right now on our dormers, just white siding. We have a red brick house. We already checked they still manufacture the shingles on our roof. We’re just going to do some decorative 4 x 4 pillars to hold it up, just a low gable. Henzi: Okay. Any other questions? Hearing none, is there anybody in the audience who wants to speak for or against the project? If so, come on up. Seeing no one are there any comments? Caramagno: We have an approval from Daniel Lorenz [30178 Hoy Street] (letter was read). Donald McMullen [15069 Melvin] sends an approval (letter was read). Henzi: Mr. and Mrs. Tullis, is there anything you would like to say in closing? Petitioner: No. Henzi: Okay. I will close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: I think it’s a great idea to put that cover on that porch. Your house sits way back on an angle the way it does and it’s going to make the house look better, plus afford you the safety that you want with the weather. So, I think it’s a great idea. I am in support. Henzi: Mr. Duggan. Duggan: I, too, will be in support. I think you got a great house and I think this plan will add to it and I drove around and I think everyone had one except for you guys. So absolutely, I will be in support. Henzi: Mrs. McCue. McCue: I would agree. It makes total sense that you’re going to do that. As far as the weather and the protection from the elements out there and, again, if the others around have it, I would support. Henzi: Mr. Sills. Sills: Just looking at the house when I first looked at it there’s something missing and when I saw what you wanted to do, I said that’s what’s missing the cover over the porch. I think it will enhance the home and improve the value of the property. Henzi: Mrs. Aloe. Aloe: I also will be in support for the same reasons as the other Board members. City of Livonia, Zoning Board of Appeals Page 34 of 35 May 22, 2012 Henzi: I will support that petitioner, too. I think it’s a great idea and you’re well prepared. The floor is open for a motion. Upon Motion by Aloe, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-05-22: Bryan and Tracy Tullis, 30235 Hoy, Livonia, MI 48154, seeking to add a cover over an existing front porch to a nonconforming dwelling, resulting in deficient front yard setback. Nonconformity of the existing dwelling is based on the existing front yard setback of 30 feet where 50 feet is required. Front Yard Setback Required: 50 ft. Proposed: 24 ft. Deficient: 26 ft. The property is located on the south side of Hoy (30235) between Henry Ruff and Melvin Avenue be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because this is a home that already has a nonconformity and they are not adding to that nonconformity. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioner is seeking a cover to their existing porch to protect them from the weather, the ice, and the sun. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because this is consistent with other homes in the area that do have covered porches. 4. The Board received two (2) letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the porch be erected according to the drawings that have been submitted to the Board. 2. That the porch not be enclosed. 3. That the variance is good for one (1) year. City of Livonia, Zoning Board of Appeals Page 35 of 35 May 22, 2012 ROLL CALL VOTE: AYES: Aloe, Sills, Duggan, McCue, Caramagno, Henzi NAYS: None ABSENT: Pastor Henzi: The variance is granted with three conditions. I will read them one more time. It has to be erected according to the plans submitted. You can’t enclose the porch, enclose it as a structure, and it’s good for one year. That doesn’t mean that it ends after one year, it means you’ve got one year within which to build the covering as you presented. Did you have a question? Petitioner: Yeah, could we waive the five-day waiting period, too? Tracy Tullis: We’re hoping to get started working on it this weekend. Petitioner: Our little guy is getting baptized in a month and we were hoping to have it complete for that. Henzi: Just go to the ZBA office and they will know that the five-day period was waived. Petitioner: Thank you very much. Motion to waive the five-day waiting period by Duggan. All in favor. Motion by Caramagno, seconded by Duggan, to approve the minutes of 3/20/12; Sills abstained. All were in favor. There being no further business to come before the Board, the meeting was adjourned at 8:13 p.m. _________________________ SAM CARAMAGNO, Secretary _________________________ MATTHEW HENZI, Chairman /hm